As we have reported previously (here, here, here, here), an animal rights group called the Nonhuman Rights Project (NhRP) has a history of filing fruitless cases to establish that animals should have the same basic rights as people. NhRP has used the common law and statutory writ of habeas corpus in an effort to “liberate” elephants and apes from various U.S. zoos and other facilities. None of these cases has succeeded. The most recent failure occurred this month in Colorado where a state court judge denied a habeas writ with respect to five African elephants residing at the Cheyenne Mountain Zoological Society. Nonhuman Rights Project, Inc. v. Cheyenne Mountain Zoological Society, et al., No. 23CV31236 (Colo. Dist Ct., El Paso County Dec. 3, 2023). Continue reading “Nonhuman Rights Project Loses Another Habeas Case for Elephants”
Denial of Habeas Relief for Bronx Zoo Elephant Affirmed on Appeal
On December 17, 2020, a New York intermediate appellate court rejected an attempt by the animal rights organization, Nonhuman Rights Project (NhRP), to obtain habeas corpus relief for a 48-year old Asian elephant named “Happy,” who resides at the Bronx Zoo. In re Nonhuman Rights Project, Inc. v. Breheny, Case No. 2020-02581 (Sup. Ct. App. Div. 1st Dept. Dec. 17, 2020). Continue reading “Denial of Habeas Relief for Bronx Zoo Elephant Affirmed on Appeal”
New York Court Denies Habeas Petition for Bronx Zoo Elephant
by John M. Simpson.
On February 18, 2020, a trial court in Bronx County, New York, denied a habeas corpus petition filed by the Nonhuman Rights Project (NhRP) on behalf of “Happy,” a 48-year old Asian elephant residing in the Bronx Zoo. Nonhuman Rights Project v. Breheny, No. 260441/19 (N.Y. Sup. Ct., Bronx Cty. Feb. 18, 2020). The court ruled, based on binding New York precedent, that “Happy” is not a “person” for purposes of habeas corpus relief. Continue reading “New York Court Denies Habeas Petition for Bronx Zoo Elephant”
Update on Elephant Habeas Corpus Case
by John M. Simpson.
We recently reported on a case in which an animal rights group, the Nonhuman Rights Project, sought habeas corpus relief for three Asian elephants maintained in a zoo in Connecticut. The Connecticut Appellate Court affirmed the lower court’s judgment and ruled that the plaintiff had no standing because the elephants themselves had no standing. Continue reading “Update on Elephant Habeas Corpus Case”
Connecticut Appellate Court Denies Habeas Relief for Elephants
by John M. Simpson.
On August 20, 2019, a panel of the State of Connecticut Judicial Branch Appellate Court officially released a decision affirming the dismissal of an action that had been brought seeking habeas corpus relief for three elephants maintained at a zoo in Goshen, Connecticut. Nonhuman Rights Project, Inc. v. R. W. Commerford and Sons, Inc., No. AC 41464 (Conn. App. Aug. 20, 2019). The petitioner Nonhuman Rights Project sought to represent the elephants as their “next friend” seeking to vindicate what was described as the animals’ “common-law right to bodily liberty.” The lower court dismissed the case on the grounds that petitioner lacked standing and, alternatively, that the petition was “wholly frivolous.” Continue reading “Connecticut Appellate Court Denies Habeas Relief for Elephants”
Court Denies Habeas Petition Filed on Behalf of Elephants
A Connecticut Superior Court Judge recently issued an opinion further elaborating on his prior decision to deny a petition for a writ of habeas corpus filed on behalf of three elephants (two Asian and one African) owned by a zoo in Connecticut. Nonhuman Rights Project, Inc. ex rel. Beulah, Minnie and Karen v. R.W. Commerford & Sons, Inc., No. LLICV175009822S, 2018 WL 3014069 (Conn. Super Ct. May 23, 2018). The action had been brought on behalf of the elephants “Beulah,” “Minnie” and “Karen” by the Nonhuman Rights Project (NHRP), arguing that the animals possessed emotional, social and intellectual attributes sufficient for common law personhood and for the common law right to the bodily liberty protected by the writ. The May 23 decision expanded upon the reasons why the court previously had found the habeas petition to be “wholly frivolous on its face.” Continue reading “Court Denies Habeas Petition Filed on Behalf of Elephants”